Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58353 of 2023 Arising Out of PS. Case No.-695 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== Ranjit Kumar S/O Pramod Yadav R/O Village- Bancholaha, Ps. Ghailarh And Dist. Madhepura ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Madhepura (Ghailadh O.P.) P.S. Case No.695 of 2021, lodged on 02.09.2021, under Section 394 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against two named accused persons and one unknown accused including the present petitioner who were involved in the crime of robbery.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the content of the FIR itself indicates that petitioner is innocent due to two reasons, the first reason he assigned is that the occurrence has been caused on 01.09.2023 but FIR has been

Patna High Court CR. MISC. No.58353 of 2023(4) dt.27-02-2024 2/3 lodged on 02.09.2021 and second is that the delay has not been explained. Counsel further submits that the petitioner has inimical relation with the informant as in earlier occasion also the informant has filed one more case against the petitioner, which has been mentioned in paragraph-3. Both the cases have been filed by the same informant. Counsel submits that both are resident of same village and well known to each other. Counsel also submits that petitioner is in custody since 08.05.2023 and is accused in one more criminal case. Charge has already been framed against the petitioner.

5. Learned counsel for the State opposes the prayer for bail and submits that petitioner has been identified.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on being satisfied that petitioner is not absconding in Madhepura (Ghailadh O.P.) P.S. Case No.790 of 2022, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura (Ghailadh OP) P.S Case No.695 of 2021, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following

Patna High Court CR. MISC. No.58353 of 2023(4) dt.27-02-2024 3/3 conditions:

(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T